Georgetown University’s Newspaper of Record since 1920

The Hoya

Georgetown University’s Newspaper of Record since 1920

The Hoya

Georgetown University’s Newspaper of Record since 1920

The Hoya

Flip-Flopping Over Bias Law

Virginia Attorney General Ken Cuccinelli caused quite the stir earlier this month with a letter to public universities and colleges. He advised the schools not to include sexual orientation in their non-discrimination policies. His letter created ambiguity regarding non-discrimination and revealed a critical weakness in Virginia law. Anything short of a clean break from the state’s laws will inadequately correct that weakness.

Cuccinelli explained in his letter that only the Virginia legislature has the authority to create specially protected classes through anti-bias laws. Since no Virginia anti-discrimination law includes sexual orientation, public schools do not have the power to do so in their anti-bias policies.

Cuccinelli’s letter triggered an uproar on campuses statewide. More importantly, it prompted Republican Gov. Bob McDonnell to issue a non-binding executive directive warning against discrimination in the state workforce on any grounds other than merit. McDonnell stated in the directive that such discrimination violates the Equal Protection Clause of the 14th Amendment to the Constitution.

McDonnell and Cuccinelli have stated that their positions are not contradictory. Yet one states in vague terms that state institutions should not discriminate in their hiring practices, while the other advises those institutions against fully and specifically outlining what groups should be protected from discrimination. Despite what the governor and attorney general claim, those statements are conflicting and provide anything but clarity to constituents.

Public schools cannot be left in limbo when it comes to issues as important as non-discrimination. Being unclear about the limits of anti-discrimination policies can alienate an entire community of students. Virginia ought to take the plunge and definitively choose one side of the issue.

Moreover, if McDonnell truly believes that discrimination against a certain sexual orientation violates the 14th Amendment, he should push the Virginia legislature to add sexual orientation to its anti-bias laws. Failing to do so would be a travesty and a denial of the right of all Virginians to enjoy full constitutional protection.

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